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October 22, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 168 (up from 167) Currently positive-testing staff: 429 (down from 459) Recovered inmates: 42,910 (down 42,940) Recovered staff: 8,061 (up from 8,022)


Institutions with the largest number of currently positive-testing inmates:

Terre Haute USP: 23 (up from 22)

Coleman Low FCI: 12 (unchanged)

Brooklyn MDC: 11 (unchanged)

Institutions with the largest number of currently positive-testing staff:

Oakdale I FCI: 27 (unchanged)

Phoenix FCI: 27 (unchanged)

Forrest City Medium: 20 (up from 19)

System-wide testing results: Presently, BOP has 132,599 federal inmates in BOP-managed institutions and 14,703 in community-based facilities. Today's stats: Completed tests: 123,455 (unchanged) Positive tests: 42,655 (down from 42,720)


Total vaccine doses administered: 234,516 (down from 234,589)

Case Note: Long-hauler granted release, with Government's blessing...


In U.S. v. Clive Hamilton, 2021 WL 4892961 (D. Kan. Oct. 20, 2021) (Robinson, CJ), the Government did not oppose reducing a defendant’s sentence due to his long haul COVID symptoms, and the court granted the motion, explaining: "The government does not oppose Defendant's request for compassionate release. … After contracting COVID-19 in custody at Federal Correctional Institution (FCI) Lompoc over a year ago, the Defendant has developed chronic kidney disease—a condition that makes him more likely to get ill or die from subsequent COVID-19 contractions. Additionally, he suffers from acute respiratory disorder, hypertension, and anxiety. The Court also considers the conditions at FCI Lompoc to be an aggravating factor increasing the Defendant's risk of illness notwithstanding his vaccination status. The Court has considered the applicable factors set forth in 18 U.S.C. § 3582(c)(1)(A)(i) to modify 's term of imprisonment to time served. The Defendant has 36 months remaining on a 292-month sentence. Extraordinary and compelling reasons exist here to warrant a sentence reduction of 36 months given Mr. Hamilton's medical conditions, the nature and severity of his sentence at FCI Lompoc during this global pandemic, and his continued risk of severe illness with COVID-19. For these reasons, the Court finds that the Defendant's term of imprisonment is reduced to time served. A sentence of time-served reflects the seriousness of the offense, promotes respect for the law, and provides just punishment.”

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Inmate COVID-related deaths remain at 265. Ten of the inmate fatalities died while on home confinement. Staff deaths remain at 7.

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